Copyright 2001 eMediaMillWorks, Inc.
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Federal Document Clearing House
Congressional Testimony
July 19, 2001, Thursday
SECTION: CAPITOL HILL HEARING TESTIMONY
LENGTH: 3765 words
COMMITTEE:
SENATE FINANCE
HEADLINE: NATIONAL
ENERGY POLICY
TESTIMONY-BY: MR. MARK HALL, VICE
PRESIDENT EXTERNAL AFFAIRS
AFFILIATION: TRIGEN ENERGY
CORPORATION WHITE PLAINS, NY
BODY: July 19, 2001
Mr. Mark Hall Vice President External Affairs, Trigen Energy Corporation
White Plains, NY
Mr. Chairman and members of the Committee, thank you
for allowing me to testify before you today on Senate Bill 933 and other
legislative proposals to remove barriers to combined heat and power (CHP) and
other forms of distributed generation (DG). My name is Mark Hall, and I am the
Vice President of External Affairs for Trigen Energy Corporation, based in White
Plains, NY. Trigen owns and operates some of the most efficient power plants in
the world. We accomplish this by deploying CHP, DG and leveraging other modern
technologies in innovative ways. Trigen currently owns, operates or otherwise
manages fifty-one plants located in twenty-two states, and the District of
Columbia. Trigen is the proud recipient of many prestigious awards recognizing
our innovation, leadership in the energy industry and commitment to
environmental protection. This includes two awards from U.S agencies: the Energy
Star Award from the U.S. EPA in recognition of our leadership in CHP projects
and the Climate Protection Award from the U.S. EPA for corporate leadership in
reducing greenhouse gas emissions. But more important than awards recognizing
our environmental stewardship is the fact that we would not be selected to
design, build own or operate on-site CHP projects for our customers if we were
not able to provide substantial economic and reliability benefits in addition to
outstanding environmental performance. The nearby University of Maryland College
Park is an excellent example. Trigen and a partner were selected by the
University to build and operate a new state-of-the-art CHP facility for the
campus as well as to manage the on-site utilities while working with the campus
staff to improve overall efficiency. The project is expected to save the
University of Maryland system $6 million dollars per year while reducing
regional nitrogen-oxide emissions by 9,800 tons per year and carbon dioxide
emissions by 3.5 million tons over the 20 year life of the contract. We were the
recipient of the 1999 Project Award from the National Council for Public-Private
Partnerships because of our ability leverage technology in ways that were both
economically and environmentally beneficial to all parties.
Despite
these economic and environmental benefits, there are a variety of institutional
and regulatory barriers that prevent CHP from achieving its full potential.
These barriers inappropriately reduce the economic viability of CHP projects,
slow their development and implementation and in some cases simply make them
impossible to complete. S. 933 is an attempt to remove the interconnection and
backup power barriers and allow Trigen and other companies to increase the
beneficial application of CHP. Although S. 933 covers some of the issues, there
are additional factors that must be addressed to fully remove the barriers. The
cataloguing and systematic treatment of these barriers as suggested in S. 597 S
301 A & B and S. 388 S 112 are also critically important.
Mr.
Chairman, Trigen's plants and employees are at work every day showing how
efficient energy production is both good for business and good for the
environment. By removing the barriers to utilizing CHP and other highly
efficient DG, Congress can reward investors, benefit consumers, strengthen our
economy and clean up our air.
The issues you have asked this panel to
address are of critical importance to all of us. Energy sector competition is
already upon us, with the States leading the way. The Federal government must
rise to the task of addressing the barriers to competition that inherently lend
themselves to national legislation, matters that cannot be responsibly dealt
with in a piecemeal, State-by- State manner.
S. 933 is the result of
many months of thoughtful work that reflects the benefit of numerous parties
working together to arrive at consensus language that addresses the need for a
uniform nationwide interconnect standard. S. 933 marks a critical step in
efforts to improve the environment and electricity markets by encouraging the
deployment of CHP and other DG. I would like to point out that HR 1945 is the
companion bill to S. 933 from the House of Representatives. Trigen offers its
full support of both.
In addition to addressing why there is a critical
need for uniform nationwide interconnection standards, I would also like to
highlight five other issues that must be addressed if we want to remove the most
formidable barriers to deploying CHP and other highly efficient DG technologies.
They are: Backup power as related to
PURPA repeal, clarifying
tax depreciation schedules, establishment of investment tax credits, rethinking
new source review and establishing output-based standards. First, I will address
interconnect standards and the immediate need for S. 933.
Interconnection
The National Energy Policy proposal recently
released by the White House, like similar proposals of the last Administration,
recognizes the economic and environmental benefits of CHP and other highly
efficient DG systems. One formidable barrier to taking advantage of those
benefits is the lack of uniform nationwide interconnection standards.
The current process for determining the appropriate technical
requirements for the interconnection of new energy projects with the
distribution or transmission system is often unnecessarily lengthy and expensive
and the specific requirements can vary arbitrarily from state to state, utility
to utility, site to site. Incumbent utilities that may not want to face
competition may attempt to cloak anticompetitive behavior in the guise of
technical disagreement over interconnection. We recognize that it is essential
for interconnections to be safe and reliable, but interconnection standards can
be both safe and reliable, and uniform. Bringing uniformity to interconnection
through a uniform nationwide technical standard will reduce uncertainty, lower
costs, and facilitate deployment of modern CHP technology, across the country.
Interconnection language must be sufficiently broad to help all generators
connect to the distribution and/or transmission grids. S. 933 provides for
interconnections at both levels. The language does not pick winners and losers,
but maximizes flexibility for determining whether the facility is connected to
the transmission grid or the distribution grid. In addition, it is important
that the language does not unnecessarily infringe upon States' rights to manage
their respective distribution grids. The benefits of uniformity require that the
standards apply to all states.
I think it is important to give you an
example of the interconnection problem. Trigen has a great deal of experience
interconnecting various sized generators with the distribution and transmission
grid. We have done it literally dozens of times. Technically, it is a pretty
straightforward task but in practice it can be a slow painful process that
raises costs and delays projects that otherwise could be delivering important
economic and environmental benefits. In 1998, Trigen approached a utility to
request interconnection for a 703 kW generator to be installed in a downtown
office building. The small system would supply the building's electric load and
air conditioning. Yet, two years later, we were still negotiating with the
utility over so-called "technical" issues. Months after receiving our initial
request for interconnection, the utility asked that Trigen design a different,
specialized interconnection. Trigen completed the new design at a significant
additional cost. The utility rejected the design. In response, Trigen offered to
use guidelines developed by Consolidated Edison in New York City, even though
the ConEd guidelines were disproportionately burdensome and expensive given the
very small size of the installation. The utility agreed, but after Trigen
complied with these requirements, the utility imposed further "technical"
restrictions on Trigen's ability to operate the facility. It took over two years
to resolve this issue. The barrier related costs of completion were over $
88,000.
One would strongly suspect that this was anti-competitive
behavior masquerading as technical disagreement which successfully prevented the
unit from operating for two years. This is but one of countless examples. In
fact, DOE published a report in May of 2000 entitled Making Connections that
memorialized this example and numerous others from across the country. S. 933
would address many of the interconnection barriers highlighted in that report.
Passage of S. 933 will help manufacturers of CHP and DG technology achieve a
plug and play economy of scale, lower costs and encourage investment in CHP and
DG technology.
The Shortcomings of S. 597 Regarding Interconnect
Like S. 933, S. 597 recognizes the need for a uniform interconnect
standard. However, S. 597 falls short of addressing the entire scope of that
need. S. 597 calls only for a standard for interconnect to the distribution
grid. Failure to address transmission interconnect would result in an enormous
lost opportunity to ensure all the same benefits S. 597 seeks to achieve at the
distribution level. Stream-lining interconnect at the transmission level will be
one more encouragement to investing in larger scale DG like on-site CHP plants
whose efficiencies can bring immediate large scale reductions in fuel
consumption and emissions.
In addition, S. 597 does not include a
provision addressing the right to back-up power at just and reasonable rates.
Most CHP and DG assets require back-up power as insurance to the DG/CHP customer
that they will have electricity in the event the DG/CHP asset has scheduled or
unscheduled down time. Without a guaranty of affordable back-up power many
DG/CHP projects will never get off the ground. I will address this issue in more
detail below.
Finally, S. 597 includes limiting language that the DG
asset must be designed to serve retail customers "at or near the point of
consumption". S. 933 does not include any such limitation. If we want to
encourage the deployment of highly efficient CHP and DG assets we should not
place any limitation on what customers are served or where it can be located in
order to take advantage of uniformity.
Backup Power and the Prospective
Repeal of
PURPA's "Must-Sell" Provision
Hand-in-glove
with the issue of interconnection standards is the availability of
reasonably-priced back-up power. Historically, back-up power was guaranteed at
just and reasonable rates to facilities that met either the Qualifying Facility
or Small Power Production Facility definitions under
PURPA.
However, as technology and markets have evolved, the need for back-up power at
rates that are just, reasonable and not unduly discriminatory is important to a
wide-range of projects that might not meet these historic definitions,
regardless of whether the project is interconnected to the transmission or
distribution grid. S. 933 remains respectful of state authority by allowing
States to determine the just and reasonable rate for back-up power at the
distribution level. The Bill also ensures that until there are open markets
where a facility can competitively purchase backup power, the local utility must
provide such backup power at nondiscriminatory rates.
CHP and other DG
systems rely on the ability to purchase backup power from the grid in the event
that they temporarily fail to operate or must shut down for maintenance. Under
current
PURPA laws the local utility "must sell" backup power
to qualified stand alone CHP facilities. Many proposed restructuring bills would
repeal both the "must buy" and the "must sell" requirements of Section 210 of
PURPA. The "Right to Back-up Power" provision of S. 933 is a
safety measure that will ensure back-up power at just and reasonable rates if
the "must sell" provision of
PURPA is repealed and there is no
open access to purchase of electricity in a given state. Elimination of
PURPA's "must sell" requirement without the protection of the
right to back-up power will leave new entrants and existing DG at the mercy of
the local utility, subject to discriminatory pricing or outright denial of
back-up power.
Tax depreciation schedules
The current tax code,
based on an somewhat obsolete view of the energy industry, currently does not
allow depreciation of CHP and DG technologies in ways that reflect those assets
physical and economic lives. This inappropriate treatment can discourage
investments in CHP and DG technology. For example, the IRS allows a gas turbine
located inside a building for on-site generation use to be depreciated over a
39-year period while the same gas turbine used for transportation (e.g., on an
airplane) depreciates in one quarter of the time. The moving parts of the
turbine used for electricity and heating may be replaced as many as five times
while the owner continues to depreciate the original investment. Shortening the
time over which this equipment depreciates would remove an impediment to
investment in what is otherwise an efficient and environmentally beneficial
technology.
New and small turbines have different physical properties
and will generally operate under quite different conditions than large turbine
units employed by traditional electric utilities and, consequently, will have
different service lives. Further, the competitive marketplace will force energy
suppliers to replace or "upgrade" standing equipment before it fails, since
installation of more efficient technology offers lower costs to customers and
the opportunity to hold or capture market share for competitive energy
suppliers. We expect that energy generation equipment will come and go in the
marketplace in a manner that strongly resembles that of modern computers -
assets which outlive their economic lives long before they cease to work
properly.
Congress should direct the Internal Revenue Service (IRS) to
set a depreciation schedule of seven (7) years for industrial and utility
facilities and ten (10) years on Building CHP (BCHP) assets, which reflects the
true technical and economic life of most systems. I have attached to this
testimony, recommended modifications to the Internal Revenue Code from the US
Combined Heat and Power Association (Attachment A). Trigen is a member of the
USCHPA and supports all of its recommendations.
Combined Heat and Power
Investment Tax Credit
Tax credits are typically offered by the Federal
government to obtain public benefits by prompting private parties to make
capital investments that they would not so readily make otherwise or to overcome
other short-term barriers to otherwise feasible activities. As such, an
investment tax credit (ITC) is a good short-term mechanism to promote CHP
systems, which offer very significant public and private economic and
environmental benefits, but can often be more difficult for the private sector
to deploy than electric-only projects because of the complexity inherent in
assembling a "thermal load" or set of heating/cooling customers.
Congress should direct the IRS to provide a ten (10) percent ITC for met
thermal energy distribution systems at district energy CHP faciliteis. I have
attached to this testimony, recommended modifications to the Internal Revenue
Code form the US Combined Heat and Power Association (Attachment A). Trigen
supports all of its recommendations.
New Source Review
The new
source permitting program known as New Source Review (NSR) was developed over 20
years ago to reduce air pollutant emissions. At the time the focus was on
reducing smokestack emissions and NSR focuses primarily on requirements for
end-of- pipe, add-on control technologies. Add-on controls reduce emissions but
add cost and reduce efficiency.
Over the last 20 years, we have learned
that a much better approach to pollution control is to entirely avoid the
generation of pollution through lower emitting processes and reduce their impact
through increased efficiency. Pollution prevention (P2) and increased efficiency
reduce emissions while also reducing capital and operating costs. They result in
processes that are cleaner and cheaper with lower demand on all natural
resources. This is clearly the direction that we need to move in order to
achieve a vital economy and a healthy environment and CHP is perhaps the best
example of this opportunity.
Unfortunately, NSR does not give any credit
for efficiency and gives little or no credit for pollution prevention. It is
constantly driving projects away from these positive approaches and back to the
old sidetrack of add-on controls. It discourages the application of existing P2
technologies and the development of new technologies. U.S. companies have
learned that they should not invest in the development of cleaner and higher
efficiency technologies because they will not be able to permit them. This is a
multidimensional loss to the U.S. economy. In contrast, our foreign competitors
have made great strides in these areas, which are reflected in their high
efficiency use of energy.
As an example, several of our recent projects
have been based on a particular small gas turbine generator. As an electric
generator only, the turbine is less than 30 percent efficient. However, our CHP
applications using that same piece of equipment are anywhere from 80 to over 90
percent efficient. Put another way, we provide more than three times as much
energy to the customer from the system for the same amount of emissions and
energy input.
It is only common sense that our regulatory system should
recognize this energy and environmental benefit. But it doesn't. In the eyes of
NSR, there is no difference between the two systems. Since NSR is a cost-based
system, it is requiring us to duplicate capital investment to use add-on
controls where we have already provided a reduction through efficiency. In many
cases, the project "won't pencil" if we have to pay twice, and a beneficial
project is cancelled.
This fundamental flaw of NSR is only one of
several ways in which the regulation has outlived its usefulness. The program
relies on a variety of highly technical standards to determine which new or
existing units will be required to apply emission controls. Over the years,
these standards have become more and more arcane and contentious. The very high
cost and uncertainty involved in the application of NSR to both new and existing
units has created a huge disincentive for operators to maintain and improve the
performance of these units. By holding out for the maximum possible improvement
at all times, the program has discouraged even the normal improvement that
should happen without regulation. By excluding the effects of pollution
prevention and efficiency, it has excluded the best possible solutions from
consideration and left us with proliferating lawsuits as the only result.
Because CHP, by definition, produces two types of energy output (steam
& electricity) from one fuel input, its treatment under NSR is especially
difficult. The system sometimes tries to force us to combine our facilities with
those of our clients in ways that are commercially impossible. In other cases it
deprives us of credit for emission reductions that are legally verifiable and
creditable.
Output-based regulation, which relates the emissions to the
useful energy produced is another regulatory concept that would help to address
these problems. There has been growing acceptance of this approach as a way to
send the proper signals through environmental regulation. Unfortunately, it
seems to be difficult to integrate this approach into the structure of NSR.
We have been working with the EPA for more than three years to find
appropriate ways to achieve the universally recognized benefits of CHP within
the NSR structure. I am sorry to report that our progress to date has been
limited. In large part this is due to the fundamental structure of the program.
In the end, we are forced to conclude that, at least for the generation of heat
and power, the NSR program is a grandfathered regulation that has outlived its
usefulness and needs to be replaced with a more modern and efficient regulatory
structure. We believe that a properly designed cap and trade program that
provides guaranteed emission reductions over the entire sector would provide
better environmental results and encourage new, more efficient technology. I
have attached a copy of a multi-pollutant strategy (Attachment B) that Trigen
and four other energy companies have developed as a substitute for NSR as it
applies to heat and power generation.
Output-Based Standards
Currently, efficiency is measured by an input-based standard that
measures fuel consumption as opposed to energy output. Under this approach, the
efficiency of CHP is not recognized. By way of example, for every one unit of
fuel consumed by a CHP plant two units of energy are produced - steam and
electricity. CHP is twice to three times more efficient than a typical central
generation plant that only produces one unit of energy for every one unit of
fuel consumed because it is not capturing the heat off the combustion process.
The establishment of output-based standards would allow facilities to
count their fuel to end use energy efficiency toward their environmental
compliance requirements. Output-based standards encourage efficient and
inherently cleaner plants. Trigen has been an active participant in numerous
venues established to develop output-based standards. Trigen seeks establishment
of progressive regulations that replace BACT and LAER with a cap and trade
program coupled with a universal allowance allocation of pounds of pollution per
megawatt hour of electricity produced and pounds per megawatt hour of thermal
energy produced.
Conclusion
Given the inevitability of
competition in the electricity market, and both national and global trends that
will guide the future of energy production in this country, I believe that
emerging technologies are serving and will serve an indispensable purpose in
meeting goals of energy efficiency and environmental demands. I urge this
committee to pass S. 933 and to take a proactive stance on addressing the other
concerns I have raised here today. We would also like to reiterate our support
for S 301 A & B of S. 597 and S 112 of S. 388. I thank the committee for the
opportunity to appear before you. Thank you, Mr. Chairman.
LOAD-DATE: July 24, 2001